Mealey's Patents
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July 01, 2022
In Arkansas Federal Patent Row, Effort To Stay Case Is Denied
FAYETTEVILLE, Ark. — A federal judge in Arkansas on June 29 rejected a bid by a defendant to stay allegations of patent infringement while the U.S. Patent and Trademark Office (PTO) weighs requests for inter partes review (IPR) reexamination of some, but not all, of the technology at issue.
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June 30, 2022
Panel Reverses Contempt Holding, Says Protective Order Not Violated
WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals on June 28 said a Wisconsin federal judge erred in sanctioning an attorney for violating the terms of a protective order in a patent case.
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June 30, 2022
Netflix Partly Prevails In Appeal Of Adverse Inter Partes Review
WASHINGTON, D.C. — A final written decision by the Patent Trial and Appeal Board confirming as not anticipated and not obvious various claims of a compressed video deblocking method patent was partly vacated by the Federal Circuit U.S. Court of Appeals on June 27.
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June 27, 2022
Apple: Board Wrongly Construed Claim Term In Confirming Patentability
WASHINGTON, D.C. — In a June 24 appellant brief filed with the Federal Circuit U.S. Court of Appeals, Apple Inc. disputes the outcome of two inter partes reviews (IPRs) by the Patent Trial and Appeal Board, which Apple says erroneously confirmed as nonobvious various claims of a camera lens patent.
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June 24, 2022
Panel: Judge Overseeing $2.75B Patent Case Should Have Recused
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 23 vacated a $2.75 billion award in a patent infringement case against Cisco Systems Inc. upon finding that a Virginia federal judge who presided at a 22-day bench trial should have recused himself in August 2020 after learning that his wife holds $4,687.99 in Cisco stock.
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June 24, 2022
3 Patents Erroneously Declared Obvious, Patent Owner Tells Panel
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 1 referred to the U.S. attorney general a patent owner’s constitutional challenge to the appointment of administrative patent judges (APJs), raised less than a week earlier in a May 27 appellant brief in a dispute over technology relating to an imaging device.
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June 23, 2022
Design Patent Is Invalid As Functional, Federal Circuit Concludes
WASHINGTON, D.C. — A California federal judge did not err in declaring a reusable, foldable shopping bag patent invalid or in ruling that even if the patent is valid, it is not infringed by a defendant, the Federal Circuit U.S. Court of Appeals said June 22.
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June 23, 2022
Patent Infringement Defendant’s Bid To Amend Judgment Fails In Texas
MARSHALL, Texas — Efforts by NetScout Systems Inc. to amend a recent final judgment by altering the start date of a reduced royalty rate in order to align with an October 2020 mandate by the Federal Circuit U.S. Court of Appeals were denied June 22 by a federal judge in Texas.
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June 23, 2022
Petitioner: Prior Art Leaves ‘No Doubt’ That Patent Is Obvious
ALEXANDRIA, Va. — In a June 21 petition for inter partes review (IPR), a software company tells the Patent Trial and Appeal Board that it should cancel various claims of a patented technique for measuring the ability of an eye to adapt to dark lighting conditions.
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June 22, 2022
Federal Circuit Grants Rehearing, Declares Novartis Patent Invalid
WASHINGTON, D.C. — In a June 21 holding, a divided Federal Circuit U.S. Court of Appeals said a Delaware federal judge’s finding that a “no-loading-dose” limitation in a patented multiple treatment has adequate written description was clearly erroneous.
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June 22, 2022
Halliburton Patent For Automating Oilfield Rigs Is Obvious, Petitioner Says
ALEXANDRIA, Va. — In a June 21 petition for inter partes review (IPR) filed with the Patent Trial and Appeal Board, U.S. Well Services LLLC takes aim at a patent touted as providing improvements over existing oilfield rig technology.
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June 21, 2022
Supreme Court Won’t Resolve Questions Over Claim Construction Duties
WASHINGTON, D.C. — In its June 21 order list, the U.S. Supreme Court denied a petition for certiorari that urged the court to resolve confusion over the delegation of claim construction duties per Markman v. Westview Instruments, Inc. and the Seventh Amendment to the U.S. Constitution.
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June 21, 2022
Use Of Data, Voice Channels To Transmit Calls Is Obvious, Petitioner Says
ALEXANDRIA, Va. — In a June 18 petition for inter partes review, a voice over Internet protocol (VoIP) company urges the Patent Trial and Appeal Board to cancel eight claims of a patented method for providing telephone service in view of two prior art references.
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June 20, 2022
Plaintiff Can’t Dodge Inequitable Conduct Counterclaim In Patent Row
MADISON, Wis. — Allegations of patent infringement leveled in connection with a docking sleeve for tablets will proceed with a counterclaim for inequitable conduct in place, a federal judge in Wisconsin ruled June 16.
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June 20, 2022
Patent Claims Against Samsung Transferred To California Federal Court
WACO, Texas — A federal judge in Texas on June 17 said that a patent dispute over the “Samsung Gallery” photo application should proceed in a California federal court.
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June 20, 2022
Federal Circuit Vacates Board Ruling In Dispute Over Expired Patent
WASHINGTON, D.C. — In a divided ruling issued June 17, the Federal Circuit U.S. Court of Appeals said that because a new request to vacate a decision on remand by the Patent Trial and Appeal Board by a patent owner is materially identical to one granted in 2021, it would again vacate, on grounds that the patent being challenged has expired.
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June 17, 2022
After Jury Trial, Federal Judge Upholds Invalidity Verdict
PITTSBURGH — A bid by The Sherwin-Williams Co. (SW) to undo a recent jury verdict of patent invalidity failed June 15, when a federal judge in Pennsylvania denied a request for judgment as a matter of law or a new trial.
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June 16, 2022
Firm: Government’s Brief Fails To Justify Certiorari For Patent Validity Question
WASHINGTON, D.C. — Responding to an amicus curiae brief filed by the U.S. government, the respondent in a dispute over the proper standard for determining whether a patent is directed to a patent-ineligible concept filed a supplemental brief on June 7, telling the U.S. Supreme Court that the government’s arguments and an alternately presented question do not serve to transform the case into an adequate vehicle for providing clarification on the two-step patent eligibility framework.
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June 16, 2022
Board Determination Of Patent Obviousness Will Stand, Federal Circuit Rules
WASHINGTON, D.C. — A patent relating to a vehicle recording system was properly declared obvious by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals summarily ruled June 15.
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June 16, 2022
California Federal Judge Signs Off On Settlement In HIV Drug Antitrust Row
SAN FRANCISCO — In a June 3 order, a federal judge in California granted preliminary approval of a settlement between Bristol-Myers Squibb Co. (BMS) and a class of direct purchasers of various combination antiretroviral therapy (cART) drugs used for the treatment of human immunodeficiency virus (HIV).